On June 6, 2013, Gov. Peter Shumlin signed H. 200, which eliminated the state’s criminal penalties for possessing small amounts of marijuana and replaced them with civil fines. This was a major victory for MPP and its legislative allies in Montpelier, who worked hard to build support for this sensible reform. Leading law enforcement officials, including Attorney General William Sorrell and Public Safety Commissioner Keith Flynn, supported the bill, which went into effect July 1, 2013.

As a result of this reform, Vermont police and prosecutors now waste less time and taxpayer money on enforcing laws against marijuana possession. Individuals caught possessing an ounce or less of marijuana in the Green Mountain State are now fined but do not receive a criminal conviction. Those under 21 are now generally sent to diversion.

On January 16, 2015, researchers from the Rand Corporation presented legislators with an in-depth report on marijuana legalization and regulation options in Vermont. The report, which was authorized by the legislature in 2014, revealed that approximately 80,000 Vermonters are regular marijuana users and that they spend about $175 million each year buying cannabis from the illicit market. The researchers estimated that Vermont could reap between $20 million and $75 million per year in taxes if it decides to regulate.

Following the release of the report, Gov. Shumlin said he favors legalization and wants Vermont to move forward in a responsible fashion. Additionally, Commissioner of Public Safety Keith Flynn has said he supports taking “a hard look” at the idea, and many legislative leaders have gone further by saying they support regulating marijuana similarly to alcohol.

In 2015, Senator David Zuckerman (P-Hinesburg) introduced S. 95, which would replace Vermont’s prohibition of marijuana with a system of sensible regulation. Rep. Chris Pearson (P-Burlington) introduced an identical bill in the House. Although the legislature adjourned for the year in May without voting on a marijuana regulation bill, an important Senate committee held several meetings seeking to determine “The Vermont Way” to end prohibition. These meetings are expected to lay the groundwork for a new marijuana regulation bill for 2016.

Legislature passes bill to expand access for patients!

In 2014, MPP worked with the legislature to expand Vermont’s law so more patients can benefit from safe, legal access. S. 247, sponsored by Sen. Jeanette White (D-Windham), passed the House and Senate and was signed by Gov. Shumlin May 27. This change in law eliminated the cap of 1,000 patients who were allowed to access dispensaries. It also allowed naturopaths to certify patients, allowed dispensaries to deliver marijuana to patients, and called for a study of the potential impacts of legalization and regulation. To view the rules for the Vermont Marijuana Program (VMP), please visit the Vermont Criminal Information Center website.

According to a Rand research study on marijuana legalization, Vermonters consumed between 15 to 25 metric tons of marijuana, worth between $125 million and $225 million, in 2014. More than 19% of state residents 12 years and over reported using marijuana in the past year, the third highest share nationwide. Also, according to the Vermont Department of Health, marijuana consumption is more common among 12- to 17-year-olds in Vermont than in any other state in the nation.

As in every other state likely to legalize pot, possessing less than an ounce or less of the drug is not punishable by incarceration. Possessing more than an ounce, the selling of any amount, or cultivating the plant, however, is considered a misdemeanor. Selling a half ounce or more, or cultivating three or more plants, is a felony.

The head prosecutor in Vermont's most populous county is about to make a significant offer to the public, signaling a willingness to erase criminal convictions for certain marijuana crimes which her office handled.

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